38.6c New Delhi, India, Thursday, April 18, 2024
Judiciary

Supreme Court Rejects Irretrievable Breakdown of Marriage as a One Size Fits All Divorce Solution [Read Judgment]

By LAWSTREET NEWS NETWORK      13 October, 2023 11:45 AM      0 Comments
Supreme Court Rejects Irretrievable Breakdown of Marriage as a One Size Fits All Divorce Solution

NEW DELHI: The Supreme Court has said it would not be desirable to accept the formula of “irretrievable breakdown of marriage” as a strait-jacket formula for the grant of relief of divorce under Article 142 of the Constitution.

The top court said despite increasing trend of filing divorce cases, marriage is still considered to be a pious, spiritual, and invaluable emotional life-net between the husband and the wife in the Indian society.

Maintaining that marriage is governed not only by the letters of law but by the social norms as well, the court declined a plea by a 89-year-old to grant him divorce on the ground of cruelty, desertion or irretrievable breakdown of marriage.

A bench of Justices Aniruddha Bose and Bela M Trivedi dismissed an appeal by a retired Wing Commander to use the court's extraordinary power to do complete justice under Article 142 of the Constitution on the ground of "irretrievable break down of marriage”.

The man claimed the parties are living separately for many years but the wife opposed the plea, saying she does not want to die with the stigma of being a “divorcee” woman.

The man, who first filed a divorce plea in 1996, claimed the wife has not taken his care since he was transferred to Madras in 1984. She also made complaints to the Air Force Authorities against him to malign his image.

The 82-year-old wife, on the other hand, claimed she has taken care of her three children since their marriage in 1963 and still ready and willing to take care of her husband and does not wish to leave him alone at this stage of life.

The bench said there is no dispute that the parties are staying separate since last many years and all the efforts to bring them together have failed.

It said in such circumstances, one may presume that the marriage is emotionally dead and beyond salvation.

However, the bench wondered whether the irretrievable breakdown of marriage should necessarily result into a decree of divorce.

The bench said that this court can depart from the procedure as well as the substantive laws, and exercise its discretion under Article 142 for dissolving the marriage between the parties, in view of the Constitution Bench decision in the case of Shilpa Shailesh vs Varun Sreenivasan (2023).

The Constitution bench had also held such a divorce can be granted even though one of the spouses may opposed it, the bench said.

"However, in our opinion, one should not be oblivious to the fact that the institution of marriage occupies an important place and plays an important role in the society," the bench said.

"So many other relationships stem from and thrive on the matrimonial relationships in the society. Therefore, it would not be desirable to accept the formula of “irretrievable break down of marriage” as a strait-jacket formula for the grant of relief of divorce under Article 142," the bench added.

The bench held in view the sentiments expressed by the wife, exercising the discretion in favour of the man would rather be doing injustice to her.

 

[Read Judgment]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

Does the Waqf board hold any relevance in the secular India of today? Does the Waqf board hold any relevance in the secular India of today?

Towards the end of the clip, Advocate Jain can be seen questioning the leaders of our land, the Central Government, and the parliament to look into the above and review such biased provisions for the greater good of all.  In the end, we are made to question if India is a secular country in the true sense of the term, after all! Wakf board land scam, Central Waqf Board, secular India article

TRENDING NEWS

burden-to-prove-dishonest-damage-to-electric-meter-is-for-electricity-theft-is-on-the-prosecution-says-delhi-hc
Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM

TOP STORIES

two-day-conference-on-april-on-technology-and-dialogue-between-sc-and-singapore
Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM
lsj-exclusive-interview-how-bjp-govt-will-free-chhattisgarh-from-naxal-menace
Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
sc-rejects-review-of-order-to-pay-rs-154-cr-compensation-to-ex-air-force-staff-for-transfusion-of-hiv-infected-blood
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
cji-cautions-against-overlooking-ethical-legal-consideration-on-use-of-ai-in-court-adjudication
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email